PLANNING COMMISSIONPLANNING COMMISSION AGENDAAGENDA · PLANNING COMMISSIONPLANNING COMMISSION...

Lincoln City - Lancaster County

PLANNING COMMISSIONPLANNING COMMISSIONAGENDAAGENDA

PLANNING COMMISSION

Jeanelle R. Lust: ChairChris Hove: Vice-Chair

Cathy BeechamMichael Cornelius

Tracy CorrMaja V. HarrisDennis Scheer

Lynn SundermanKen Weber

PLANNING STAFF

David R. Cary: Acting DirectorGeri Rorabaugh: Administrative Officer

Amy Huffman: Office Specialist

September 16, 2015

NOTICE: The Lincoln/Lancaster County Planning Commission will hold a publichearing on Wednesday, September 16, 2015, at 1:00 p.m., in HearingRoom 112 on the first floor of the County-City Building, 555 S. 10th St.,Lincoln, Nebraska. For more information, call the PlanningDepartment, (402) 441-7491.

**PLEASE NOTE: The Planning Commission action is final action on anyitem with a notation of “FINAL ACTION”. Any aggrieved person may appealFinal Action of the Planning Commission to the City Council or CountyBoard by filing a Notice of Appeal with the City Clerk or County Clerk within14 days following the action of the Planning Commission.

The Planning Commission action on all other items is a recommendation tothe City Council or County Board.

AGENDA

WEDNESDAY, SEPTEMBER 16, 2015

Approval of minutes of the regular meeting held September 2, 2015.

1. CONSENT AGENDA (Public Hearing and Administrative Action):

2. REQUESTS FOR DEFERRAL:

3. ITEMS REMOVED FROM CONSENT AGENDA (Public Hearing and Administrative Action):

3.1 ____________________

3.2 ____________________

4. PUBLIC HEARING AND ADMINISTRATIVE ACTION

5. CONTINUED PUBLIC HEARING AND ADMINISTRATIVE ACTION

SPECIAL PERMIT:

5.1 Special Permit No. 15043, for a Community Unit Plan to allow for thePage addition of a 193-unit residential apartment complex, with waivers to01 reduce the parking ratio, increase the building height, and allow tandem

parking in driveways, on property generally located at North 42nd Streetand Vine Street. *FINAL ACTION**Staff recommendation: Conditional ApprovalStaff Planner: Paul Barnes, 402-441-6371, [email protected]

AT THIS TIME, ANYONE WISHING TO SPEAK ON AN ITEMNOT ON THE AGENDA, MAY DO SO

* * * * * * * * * *Adjournment

PENDING LIST: None

Planning Dept. staff contacts:

Stephen Henrichsen, Development Review Manager . 402-441-6374 . . . . [email protected] Cary, Acting Director and Long Range Manager 402-441-6364 . . . . . [email protected] Paul Barnes, Planner . . . . . . . . . . . . . . . . . . . . . . . . 402-441-6372 . . . . . [email protected] Michael Brienzo, Transportation Planner . . . . . . . . . . 402-441-6369 . . . . . [email protected] Tom Cajka, Planner . . . . . . . . . . . . . . . . . . . . . . . . . 402-441-5662 . . . . . [email protected] Garrett, Planner . . . . . . . . . . . . . . . . . . . . . 402-441-6373 . . . . . [email protected] Groshong Hageman, Planner . . . . . . . . . . . 402-441-6361 . . . . . [email protected] Rachel Jones, Planner . . . . . . . . . . . . . . . . . . . . . . . 402-441-7603 . . . . . [email protected] Brian Will, Planner . . . . . . . . . . . . . . . . . . . . . . . . . . 402-441-6362 . . . . . [email protected] Van Bruggen, Transportation Planner . . . . . . . 402-441-6363 . . . . . [email protected] Zimmer, Historic Preservation Planner . . . . . . . . . 402-441-6360 . . . . . [email protected]

* * * * *The Planning Commission meeting

which is broadcast live at 1:00 p.m. every other Wednesdaywill be rebroadcast on Sundays at 1:00 p.m. on 5 City TV, Cable Channel 5.

* * * * *The Planning Commission agenda may be accessed on the Internet at

http://www.lincoln.ne.gov/city/plan/pcagenda/index.htm

ACCOMMODATION NOTICE

The City of Lincoln complies with Title VI of the Civil Rights Act of 1964 and Section 504 of theRehabilitation Act of 1973 guidelines. Ensuring the public’s access to and participating in public meetingsis a priority for the City of Lincoln. In the event you are in need of a reasonable accommodation in order toattend or participate in a public meeting conducted by the City of Lincoln, please contact the Director ofEquity and Diversity, Lincoln Commission on Human Rights, at 402 441-7624 as soon as possible beforethe scheduled meeting date in order to make your request.

LINCOLN CITY/LANCASTER COUNTY PLANNING STAFF REPORT___________________________________________________for September 2, 2015 PLANNING COMMISSION MEETING

PROJECT #: Special Permit No. 15043

PROPOSAL: A request per Section 27.63.320 for a Community Unit Plan todevelop up to 193 dwelling units

LOCATION: N. 45th Street and Vine Street

LAND AREA: 13.9 acres, more or less

EXISTING ZONING: R-4, Residential

MODIFICATION REQUEST:1. Per 27.67.020 - Reduce the parking requirement from 2 stalls to 1.75 stalls per

dwelling unit2. Per 27.65.020 - Increase the height of the buildings from 35 feet to 48 feet

CONCLUSION: Multi-family residential is an appropriate land use for this site. This sitecan be easily served by existing infrastructure such as roads andutilities. Several commercial areas are located within walking distanceof this site which makes this location desirable for additionalresidential development. The parking reduction and increase inbuilding height are supported and should have minimal impact onsurrounding properties. Subject to the conditions of approval, thisproposal is in conformance with the Comprehensive Plan.

RECOMMENDATION: Conditional Approval

MODIFICATIONS:1. Reduce the parking requirement from 2 stalls Approval

to 1.75 stalls per dwelling unit2. Increase the height of the buildings from 35 feet Approval

to 48 feet

GENERAL INFORMATION:

LEGAL DESCRIPTION: Outlot A, Wyuka Second Addition

EXISTING LAND USE: Broadcast Tower/Detention Pond/Undeveloped Land

SURROUNDING LAND USE AND ZONING:

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Special Permit #15043 Wyuka Vine Street CUP Page 2

North: Single and Multi-Family Dwellings/Church; R-2South: Multi-Family Dwellings; R-4East: Commercial Center; B-1West: Wyuka Cemetery; P

ASSOCIATED APPLICATIONS:CZ15025 Change of zone from R-4 Residential to R-5 Residential for the Tanglewood

Apartments

SP673A Special Permit amendment to relocate the broadcast radio tower

AA15066 Administrative Amendment to revise the Tanglewood Community Unit Planboundary

HISTORY:April 1956 The City Council approved a special permit for a broadcast tower.

Several minor amendments have been made to the special permitsince then.

COMPREHENSIVE PLAN SPECIFICATIONS:P. 1.9 - The future Land Use Map of the Comprehensive Plans designates residential land uses for this site.

P. 1.6 - Approximately 16% of new dwelling units will be built within the existing City, with about 3,000 in theDowntown and Antelope Valley areas, 1,000 in existing neighborhoods, and 4,000 in mixed useredevelopment nodes and corridors.

P. 2.8 - Mixed use redevelopment, adaptive reuse and well-designed and appropriately-placed infilldevelopment, including residential, commercial and retail uses, are encouraged.

P. 2.9 - More compact, dense development clusters allow for savings in public infrastructure costs andimproved accessibility to jobs, goods and services.

P. 6.8 - Encourage shared driveways and interconnected parking lots where possible.

P. 6.8 - Encourage a vertical mix of residential and commercial use types.

P. 7.6 - Encourage apartments and special needs housing near commercial areas and along arterials.

P. 7.8 - New construction should continue the architectural variety (in existing neighborhoods), but in a mannerthat is sensitive to the existing neighborhoods.

UTILITIES: All utilities are available.

TOPOGRAPHY: The site slopes generally to the northwest and toward the south to thedetention pond.

TRAFFIC ANALYSIS: Vine Street and N. 45th Street are classified as minor arterial streets.

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PUBLIC SERVICE: Fire stations are located near this site at 1545 N. 33rd Street and 901N. Cotner Boulevard.

AESTHETIC CONSIDERATIONS: This property is subject to the Neighborhood DesignStandards. Since this site will be within a Community Unit Plan, the general intent of theNeighborhood Design Standards is to provide dwellings which have “neighborly” designcharacteristics while respecting the creative design elements fostered by Community UnitPlan.

ANALYSIS:

1. This is a request for a Community Unit Plan (CUP) to develop up to 193 dwellingunits on property located southwest of N. 45th Street and Vine Street. The propertyis also occupied by a 500 foot broadcast tower and detention pond. The site wouldbe developed in phases with 140 units developed in the first phase.

2. The future land use map shows this area as urban-density residential. The proposeddevelopment provides for approximately 14 dwelling units per acre, which is anappropriate urban-density. This density is achieved under the existing R-4 zoningdistrict.

3. Access to this development will be provided off Vine Street. The Public Works andUtilities Department has recommended approval of this access if a right turn laneis constructed and the access is right-in/right-out only. With limited right-of-way inVine Street a left turn lane is not possible. This requires approval of a deviation fromthe Access Management Policy to eliminate the left turn lane requirement and toreduce the storage length for the right turn lane on Vine Street. As of the writing ofthis staff report, the deviation request had been submitted to the Public WorksDirector but a decision had not been made.

In order to accommodate the right turn lane the large evergreen trees will need tobe removed. These trees are considered an important defining edge of the WyukaCemetery along Vine Street. Replacement evergreen trees should be planted afterthe right turn lane is constructed. The location of the new detention area may needto be shifted to accommodate the new trees.

4. The property at the intersection of N. 45th Street and Vine Streets is not included inthe Community Unit Plan. However, access is shown across that property that wouldconnect to N. 45th Street. The access would be constructed when the cornerproperty develops.

5. An application to relocate the existing broadcast tower has been submitted inconjunction with the CUP. Relocating the tower would make additional land availablefor the residential development. The new location for the tower is shown in thesouthern portion of the CUP adjacent to the detention pond. The new tower will be

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170' shorter than the existing tower would be better for multi-family housing at thislocation. If the tower is removed from this site in the future, an additional 53 unitscould be constructed in its place.

6. An application to rezone the Tanglewood Apartments to the south from R-4 to R-5Residential has been submitted in conjunction with the CUP as well. The originalTanglewood CUP boundary was approximately 45 acres and authorized up to 528dwelling units. This included the land and the detention cell currently under review.In order to allow for the proposed development, the Tanglewood CUP boundaryneeds to be reduced, but reducing the size of the Tanglewood CUP would only allowfor 330 dwelling units. Since there are 458 units built the R-4 zoning would not allowthe number of existing units so the rezoning to R-5 is necessary. No additional unitsare being requested in the Tanglewood CUP.

A driveway connection is proposed between the Tanglewood Apartments and thenew units along Vine Street. The driveway will provide additional access betweenthe two developments. A sidewalk should be shown on the east side of the drivewayconnecting north to Vine Street.

7. This property also contains a large detention pond which typically contains standingwater. A larger flowage easement surrounds the pond that allows for the water levelto rise when needed. No structures are allowed within the flowage easement. Thedeveloper has proposed placing the guy wire anchors for the broadcast tower withinthe flowage easement, subject to approval by the Watershed Management Division.The Watershed Management Division has additional comments about the detentionpond and drainage that must be addressed prior to final plan approval.

8. The applicant is requesting a reduction in the parking requirement and an increasein the height of the building. The parking reduction would reduce the parking ratiofrom 2 stalls per unit to 1.75 stalls per unit. Overall this is a reduction in 48 stalls for193 units compared to what would normally be required. Given the location of thisCUP, surrounding properties should not be impacted if there was any overflowparking. The site plan also shows an area for future parking along Vine Street, ifneeded. Tandem parking is shown in front of the garage stalls and is permittedunder this CUP.

The applicant is also requesting an increase in building height from 35 feet to 48feet. The proposed apartment buildings would be 4 stories tall. The apartmentbuildings are sited near the detention pond and away from adjacent streets andproperties. The buildings are setback approximately 75 feet from the adjacent eastand west properties, and the side yard setback of the R-4 district is 5 feet. Theincrease in height should have minimal impact on neighboring properties and will besignificantly lower in height than the 330 foot broadcast tower.

9. Development on this site is subject to the Neighborhood Design Standards (NDS).

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The NDS are developed per the prevailing pattern found in the vicinity of thedevelopment. In the case of Community Unit Plans where no prevailing patternexists, the NDS require that the development provides for a “neighborly” designwhile respecting the creative design elements fostered by Community Unit Plans.The “prevailing patterns” in this case are an arterial street to the north, commercialland to the east, apartments to the south and a cemetery to the west. The“neighborly design” follows the prevailing pattern of the apartment buildings to thesouth and is appropriate for this site.

10 Wyuka Cemetery is on the National Register of Historic Places and is locatedimmediately west of the proposed CUP location. Staff consulted the HistoricPreservation Commission (HPC) to discuss the development proposal at theirregular meeting on August 20, 2015 (see attached meeting exerpt). The consensusof the HPC was that the impact of the development on the cemetery is minor. TheHPC concurs with the staff recommendation to support this application.

11. The sidewalk along Vine Street is currently located at the back of curb. The sidewalkshould be relocated to the south to provide a minimum of 9 feet between thesidewalk and the back of curb. Street trees will be required along the Vine Streetfrontage as a condition of the special permit. Any portion of public sidewalk locatedon private property should have a dedicated public access easement.

12. A landscape plan will need to be submitted and approved prior to obtaining abuilding permit. The landscape plan will need to meet the design standards forlandscaping and screening and should also show the relocated trees along VineStreet.

13. Two monument signs are shown on either side of the driveway entrance on VineStreet. The west monument sign is not located within the CUP boundary and isconsidered an off-premises sign. This sign is not allowed and should be removedfrom the plan.

14. This property is currently located on an outlot. A final plat creating a lot(s) will needto be approved prior to construction of the apartments or relocation of the broadcasttower.

15. This site can be easily served by existing infrastructure such as roads and utilities.Several commercial areas are located within walking distance of this site whichmakes this location desirable for additional residential development. Subject to theconditions of approval, this proposal is in conformance with the ComprehensivePlan.

CONDITIONS OF APPROVAL:

Per Section 27.63.320 this approval permits a Community Unit Plan for up to 193 dwelling

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units with an adjustment of parking regulations from 2 to 1.75 stalls per dwelling unit andan increase in height from 35 feet to 48 feet.

Site Specific Conditions:

1. The City Council approves associated request:

1. Change of Zone #15025

2. Before a final plat is approved the permittee shall cause to be prepared andsubmitted to the Planning Department a revised and reproducible final plot planincluding 3 copies with all required revisions and documents as listed below:

2.1 Add a note to the plan that states, “A landscape plan shall be provided at thetime of building permit and shall be in accordance with Chapter 3.5 of theDesign Standards for Screening and Landscaping.”

2.2 Add replacement trees to the landscape plan along the right-turn lane onVine Street and add a note that states, “Replacement evergreen trees will beplanted along Vine Street when the right-turn lane is completed.” Revise thedetention area if needed due to placement of trees.

2.3 Show the sidewalk along Vine Street relocated 9 feet from the back of curb.Add a note that states, “Street trees will be planted along Vine Street in thearea between the sidewalk and the curb. The trees will be shown on thelandscape plan prior to building permit.”

2.4 Add a note to the plan that states, “The developer reserves the right to buildanywhere within the buildable lot outside of the setbacks and the flowageeasement.”

2.5 Add a note to the plan that states, “The location of buildings and parkingstalls are conceptual and are subject to minor changes.”

2.6 Show a sidewalk connection to Vine Street along the east side of thedriveway.

2.7 Change the name of the CUP on the plan to “Wyuka Vine Street CUP”.

2.8 Add a common access easement over the east/west and north/southdriveways.

2.9 Add a sidewalk connection to the future drive on the east side of the CUP.

2.10 Show the setbacks on the west side of the property.

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2.11 Remove the monument sign on the west side of the driveway.

2.12 Address the comments from the Watershed Management Division to theirsatisfaction.

2.13 Add to the General Notes, "Signs need not be shown on this site plan, butneed to be in compliance with chapter 27.69 of the Lincoln Zoning Ordinance,and must be approved by Building & Safety Department prior to installation".

3. Before a final plat is approved provide the following documents to the PlanningDepartment:

3.1 Verification from the Register of Deeds that the letter of acceptance asrequired by the approval of the special permit has been recorded.

4. Final plat(s) is/are approved by the City.

If any final plat on all or a portion of the approved community unit plan is submittedfive (5) years or more after the approval of the community unit plan, the city mayrequire that a new community unit plan be submitted, pursuant to all the provisionsof section 26.31.015. A new community unit plan may be required if the subdivisionordinance, the design standards, or the required improvements have been amendedby the city; and as a result, the community unit plan as originally approved does notcomply with the amended rules and regulations.

Before the approval of a final plat, the public streets, private roadway improvements,sidewalks, public sanitary sewer system, public water system, drainage facilities,land preparation and grading, sediment and erosions control measures, storm waterdetention/retention facilities, drainageway improvements, street lights, landscapingscreens, street trees, temporary turnaround and barricades, and street name signs,must be completed or provisions (bond, escrow or security agreement) to guaranteecompletion must be approved by the City Law Department. The improvements mustbe completed in conformance with adopted design standards and within the timeperiod specified in the Land Subdivision Ordinance.

No final plat shall be approved until the Permittee, as subdivider, enters into anagreement with the City whereby Permittee agrees:

to complete land preparation including storm water detention/retention facilities andopen drainageway improvements to serve this plat prior to the installation of utilitiesand improvements but not more than two (2) years following the approval of the finalplat

to complete the installation of street trees along the south side of Vine Street asshown on the final plat within two (2) years following the approval of this final plat.

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to complete the installation of the permanent markers prior to construction on orconveyance of any lot in the plat.

to complete any other public or private improvement or facility required by Chapter26.23 (Development Standards) of the Land Subdivision Ordinance in a timelymanner which inadvertently may have been omitted from the above list of requiredimprovements.

to submit to the Director of Public Works a plan showing proposed measures tocontrol sedimentation and erosion and the proposed method to temporarily stabilizeall graded land for approval.

to comply with the provisions of the Land Preparation and Grading requirements ofthe Land Subdivision Ordinance.

to complete the public and private improvements shown on the Community UnitPlan.

to keep taxes and special assessments on the outlots from becoming delinquent.

to maintain the outlots on a permanent and continuous basis.

to maintain the private improvements in good order and condition and state of repairincluding the routine and reasonable preventive maintenance of the privateimprovements on a permanent and continuous basis.

to maintain the private facilities which have common use or benefit in good orderand condition and state of repair, including the routine and reasonable preventivemaintenance of the private facilities, on a permanent and continuous basis.

to recognize that there may be additional maintenance issues or costs associatedwith the proper functioning of storm water detention/retention facilities as they weredesigned and construction within the development and that these additionalmaintenance issues or costs are the responsibility of the Permittee.

to retain ownership of and the right of entry to the outlots in order to perform theabove-described maintenance of the outlots and private improvements on apermanent and continuous basis. However, Permittee(s) may be relieved anddischarged of such maintenance obligations upon creating in writing a permanentand continuous association of property owners who would be responsible for saidpermanent and continuous maintenance subject to the following conditions:

(1) Permittee shall not be relieved of Permittee’s maintenance obligationfor each specific private improvement until a registered professional

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engineer or nurseryman who supervised the installation of said privateimprovement has certified to the City that the improvement has beeninstalled in accordance with approved plans.

(2) The maintenance agreements are incorporated into covenants andrestrictions in deeds to the subdivided property and the documentscreating the association and the restrictive covenants have beenreviewed and approved by the City Attorney and filed of record withthe Register of Deeds

Standard Conditions:

5. The following conditions are applicable to all requests:

5.1 Before occupying the dwelling units all development and construction shallsubstantially comply with the approved plans.

5.2 All privately-owned improvements, including landscaping and recreationalfacilities, shall be permanently maintained by the Permittee or anappropriately established homeowners association approved by the City.

5.3 The physical location of all setbacks and yards, buildings, parking andcirculation elements, and similar matters be in substantial compliance withthe location of said items as shown on the approved site plan.

5.4 The terms, conditions, and requirements of this resolution shall run with theland and be binding upon the Permittee, its successors and assigns.

5.5 The applicant shall sign and return the letter of acceptance to the City Clerk.This step should be completed within 60 days following the approval of thespecial permit. The City Clerk shall file a copy of the resolution approving thespecial permit and the letter of acceptance with the Register of Deeds, filingfees therefor to be paid in advance by the applicant.

Prepared by

Paul Barnes, [email protected]

DATE: August 20, 2015

APPLICANT: The Clark Enersen Partners1010 Lincoln Mall, Suite 200

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Lincoln, NE 68508

OWNER: Wyuka Cemetery1248 O Street, Suite 600Lincoln, NE 68508

CONTACT: Tim Gergen1010 Lincoln Mall, Suite 200Lincoln, NE 68508

F:\DevReview\SP\15000\SP15043 Wyuka Vine Street CUP.pdb.wpd

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PR - 4

R - 2

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H - 2

H - 2

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VINE ST

N 4

5T

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GIS

Special Permit #: SP15043Wyuka CUPN 45th & Vine St

File: F:\DevReview\PlannerPacket\MXD\Agendadrawings.mxd (SP15043)

N 5

6th

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O St

(N 4

0th

St)

Holdrege St2013 aerial

One Square Mile:Sec.20 T10N R07E

Zoning:R-1 to R-8AGAGRO-1O-2O-3R-TB-1B-2B-3B-4B-5H-1H-2H-3H-4I-1I-2I-3P

Residential DistrictAgricultural DistrictAgricultural Residential DistrictOffice DistrictSuburban Office DistrictOffice Park DistrictResidential Transition DistrictLocal Business DistrictPlanned Neighborhood Business DistrictCommercial DistrictLincoln Center Business DistrictPlanned Regional Business DistrictInterstate Commercial DistrictHighway Business DistrictHighway Commercial DistrictGeneral Commercial DistrictIndustrial DistrictIndustrial Park DistrictEmployment Center DistrictPublic Use District

Zoning Jurisdiction Lines

Area of Application

Lancaster County Jurisdiction

PDF: F:\Boards\PC\Internet\out\

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